Page No.# 1/5 GAHC010172622025 2025:GAU-AS:11105 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Bail Appln./2532/2025 SURMAN ALI AND 5 ORS. S/O LATE ROKMAN ALI RESIDENT OF NO. 1 DONGSIAPARA, PS BIJNI, DISTRICT CHIRANG, STATE ASSAM 2: MOTLEB ALI ALIAS MOTLEB ALI MIYA S/O GENDA MIYA RESIDENT OF NO. 1 DONGSIAPARA PS BIJNI DISTRICT CHIRANG STATE ASSAM 3: ABDUL AWAL ALIAS ABDUL AWAL MIYA S/O GENDA MIYA RESIDENT OF NO. 1 DONGSIAPARA PS BIJNI DISTRICT- CHIRANG STATE ASSAM 4: AKHER ALI ALIAS ABDUL AKHER ALI S/O GENDA MIYA RESIDENT OF NO. 1 DONGSIAPARA PS BIJNI DISTRICT CHIRANG STATE ASSAM 5: GOLAP HUSSAIN PS BIJNI DISTRICT- CHIRANG STATE- ASSAM 6: MOJNU ALI S/O JAFAR ALI RESIDENT OF NO. 1 DONGSIAPARA Page No.# 2/5 PS BIJNI DISTRICT CHIRANG STATE ASSA VERSUS THE STATE OF ASSAM REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM Advocate for the Petitioner : MR B M DEKA, MR K THAKUR,MR D MEDHI Advocate for the Respondent : PP, ASSAM, BEFORE HONOURABLE MRS. JUSTICE SHAMIMA JAHAN ORDER 20.08.2025 1. Heard Mr. B. M. Deka, learned counsel appearing for the petitioners and Mr. B. Sharma, learned Addl. Public Prosecutor appearing for the State. 2. This application is filed by the petitioners for releasing them on bail in connection with Bijni P.S. Case No. 99/2025 registered under Section 61(2)/318(4)/316(2)/316(5)/317(4) of the BNS, 2023 read with Section 68C/66D of the IT Act. 3. The FIR dated 29.07.2025 reveals that one Afsar Uddin on the assurance given by him that he would deposit the job card money to the bank account took away the passbook, the SIM card, the ATM card from the wife of the informant and on suspicion, when he and his wife went to the said bank, Page No.# 3/5 they came to know that some doubtful transactions took place in his wife’s bank account where it is found lot of money being withdrawn from the same. They on suspicion that the said Afsar Uddin had withdrawn the money by using the ATM card, confronted him with the same to which he replied that he would give the money back to her and blocked the victim’s no. It is also reflected in the FIR that the informant had secretly investigated and came to know that the said Afsar Uddin is associated with a big cyber financial fraud gang which includes the petitioners and others and that the said members were running the said fraud gang and also that they had collected documents from various persons and it was also alleged that they had used ATM swipe machines for amassing the money from the public. It is also stated that some bank personnel are also involved in the said offence and that with the money the members which includes the petitioners have invested the said money in buying vehicles, houses act. On receipt of the ejahar, the police registered the same under the aforesaid sections. 4. The learned counsel appearing for the petitioners submits that although the name of the petitioners figures in the FIR but no materials were recovered from them and that the main accused person is Mr. Afsar Uddin. He also stated that whatever seizures are being made from the persons are not connected with the offence and as such, he has prayed for bail. Page No.# 4/5 5. Mr. B. Sharma however submits on perusal of the case diary that suspected materials were in fact seized from the petitioners and he has placed the forwarding report which states that although Afsar Uddin is the key member of the frauds syndicate but the petitioners are said to be involved in the said network. He had pointed out that the petitioners used to lure people with false promises of receiving money under the Government’s schemes and for that they had collected bank passbook, ATM Card, SIM card from several persons and that they possessed swipe machines too. He had also submitted from the case dairy that the petitioners had opened mule accounts for illegal transactions and that steps have also been taken for attachment of their property under Section 107. He also submits that the investigation is at an initial stage and that no bail may be granted to the petitioners. 6. It is noticed that the instant offence is an economic offence and the allegations are very serious in nature where the hard earned money of the innocent people are alleged to be extracted from them by indulging in illegal matters. 7. Although it is seen that Afsar Uddin is the main accused in the instant offence but it is clearly stated both in the FIR as well as in the forwarding report and as stated by the learned Addl. Public Prosecutor that the petitioners are involved in the said gang and has been running the said gang Page No.# 5/5 from a long period of time. As such, this Court deems it fit not to grant bail to the petitioners on the ground that investigation may be carried on for collection of materials and other accused persons. 8. The petition is dismissed. JUDGE Comparing Assistant